LAWS 


NEW CAPITOL 


AT 


ALBANY. NT. Y. 



ALBANY: 

WEED, PARSONS AND COMPANY, PRINTERS. 

1874. 























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I^AWS 


KET.ATINC TO THE 


W CAPITOL 




ALBANY: 

WEED, PARSONS AND COMPANA^ PRINTERS. 

1874. 







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AUG 8 1918 


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LAWS HE 


TO THE NEW ('Al'lTOJ. 


Chap. ()48. 

Ax Act authorizing the erection of a new Capitol. Passed 
May 1, 1865; three-fifths l)eing present. 

The People of the State of New Yorl\ represented in Senate and 
Assemljhj, do enact as follows : 

Section 1. Whenever, Avitliin three years from tlie pass¬ 
age of this hill, the city of Albany or the citizens thereof, 
shall deposit with the commissioners of the land office of 
this state, a good and sufficient deed conveying to the 
])eople of the state of Kew York, in fee simple and uner- 
cumbered, all that certain piece or jiarcel of land generally 
known as Congiess Hall block, in the said city of Albany, 
and bounded as follows : northerly by Washington avenue ; 
easterly l)y Park Place ; southerly by Congress street and 
westerly l)y Hawk street; and furnish the proper evidence 
that tlie common council of said city of Albany, has closed 
and discontinued that part of Park Place south of Wasl - 
ingtoii avenue, and that part of Congress (late Spring) 
street, east of Hawk street, which said common council are 
hereby autliorized to do, and thereupon, the streets so 
closed shall become the jiroperty of the state, and be 
included in, and form a part of the capitol grounds : the 
governor shall nominate, and by and Avith the consent of 
the senate, appoint a board of three commissioners, to be 
knoAvn as “ The New Capitol Commissioners,” for the pur- 
])ose of erecting a new capitol for the use and accommoda¬ 
tion of the executive, legislative and judicial departments 
of the state, and such other objects and purposes as may 


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1)L^- coiiiiected therewith ; and in case ot a vacancy in the 
othce ot* tlie said cominission, the governor is liereby author¬ 
ized to till the vacancy l)y appointment by and with the 
consent ot* the senate. In case the mayoi*, aldermen and 
commonalty ot* the city ot* All>any shall be unable to agree 
for the purchase of any real estate required tor the ])ur- 
]>oses of this act, the state shall have the right to accj^uire 
the title thereto, and in case application shall be made 
therefor l)y the municipal authorities of said city ot Albany, 
to the aftorney-general, it shall be his duty for and in 
behalf of the ])eople of the state, and in their name, forth¬ 
with to present a petition to the supreme court of the third 
judicial district, at any general or special term thereof, for 
the appointment of three commissioners of appraisal, and 
acquire title to such land in the same manner as railroad 
companies are authorized to acquire title to land in and 
by the provisions of cha])ter one hundred and forty of the 
laws of eighteen hundred and fifty, and all the ])rovisions 
of said acts, so far as the same relate to the acquiring of 
])roperty, are hereby extended and made applicable to the 
acquiring title to any [iroperty Avhich may be needed for 
carrying out the jirovisioiis ot tliis act, and on the payment 
into the state treasury by the municipal authorities of the 
city ot Albany, of the amount awardeil the owners of said 
])roperty, it shall lie deemed equivalent to depositing tlie 
deed named in the first section hereof But notliing in 
this section contained shall lie held or construed to oblige 
this state to ])ay any part of the money awarded for the 
said lands. And if the said mayor and commonalty of the 
city of Albany shall not comply with the provisions of the 
said award by paying the money named therein, according 
to the terms thereof, the state may abandon the proceed¬ 
ings for accpuring the title to said lands. 

§ 2. The commissioners shall, liefore entering upon the 
discharge of their duties, respectively take and subscribe 
the oath of office prescribed by the Constitution, and 
de[)osit the same in the office of the secretary of state. 
'They shall not receive any compensation for tlieir services; 
but their disbursements and expenses, to be audited by the 
comptroller, shall be allowed and paid. 


§ The said l)oard of eoiniinssioiiers sliall iininediately 
])roceed, in such uiaiiner as tliey may deem best, to procure, 
nt the ex|)eiise of the city of Albany, or tlie citizens thereof, 
tln^ recjuisite plans for a new capitol, and the necessary 
accommodations and arrangements connected therewith ; 
and upon the a[)proval of such plan or plans by tlie com¬ 
missioners of the land office, shall as soon as, and not 
before an appropriation shall be made by law, proceed wdtli 
the work in accordance with the plans and specifications 
approved, as lierein provided. 

^ 4. The new capitol sliall ])e located in the city of 
Albany, upon tlie site of tlie present capitol, and such 
grounds adjacent thereto as shall have been secured for 
that purpose, and conveyed to the state, as provided in 
the first section of this act, and built of such material and 
in such manner, in all respects, as will, in the judgment oi 
said commissioners and state officers, liest jiroinote the 
])ublic interest and secure the completion of a substantial 
and commodious edilice for the use and purposes herein 
mentioned. But the present ca[)itol shall not be removed 
until suitable rooms are completed in the new building for 
the accommodation of at least one branch of the legislature. 

^ o. The new capitol commissioners shall kee])just and 
ti'ue accounts of all their recei]:>ts and disliursements, wdiich 
shall be made u[) and rendered to the comptroller monthly, 
to be audited and allo^ved l)y him, and such audits shall 
discharge the said commissioners to the extent thereof. 

(j. The sum of ten thousand dollars or so much thereof 
as may be necessary, is hereby ap])ropriated out of any 
moneys in the treasuiy, not otherwise apiirojiriated, for the 
commencement and prosecution of the work herein con¬ 
templated, ami the necessary expenses attending the same, 
which sum the treasurer is hereby directed to pay, upon 
the wari'ant of the comptroller, to the order of the com¬ 
missioners from time to time, and in such sums as shall be 
necessary. 

§ 7. This act shall take effect immediately. 


(Iliap. 583. 

Ax Act confirming’ the location of the Ga})itol at Albany 

Passed April 14, 186(). 

'Hie People of the State of JS'eio Yorh\ represented ai Senate and 
Assernhlij, do enact as follows: 


Sectiox 1. The city of Albany having fully complied 
with the provisions of chapter six hundred and forty-eii^ht 
of the laws of eighteen hundred and sixty-five, the location 
of the capitol and the site of the caj)itol l)uild'ng at Albany, 
are hereby ratified and confirmed. 


(Jffk'e of tjie Seciietaiiy of State, / 

OF THE State of New Yoiuv. ) 

It is herelyy certified. That Ilamilton llurris of Albany, 

. L. Pniyn. of Albany, and O. 7>. of Seneca 

Falls, were appointed by the governor ’with the consent; of 
the Senate of the State of Ne^v York, as new Ca])itol 
Commissioners, on the 18th day of April, 18()(), and that 
the oath of office of John V. L. Pruyn, \vas filed in tliis 
office. May 1, 1860, and the oath of office of Hamilton 
Karris, and of O. if. Latham, as new Ca])itol Commissioners 
Avere filed in this office, JMay o, 1800. 

Witness my hand and the seal of office of the 
I L. s.J Secretary of State, at the city of Albany. 

1). WILLERS, Jn., 

Pej). Secretary (f State. 


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Chap. 485. 

An Act appropriating moneys for tlie building a new Capi¬ 
tol. Passed April 1867 ; three-fifths l)eing ])resent. 

27ie People of the State of Neio Yorh^ represented in Senate and 
Asseinhly^ do enact as folloins: 

Section 1. The sum of two hundred and fifty thousand, 
dollars is hereby appropriated, out of any moneys in the 
treasury not otherwise appropriated, towards the erection 
of a new capitol, authorized ])y chapter six hundred and 
forty-eight of the la^rs of eighteen hundred and sixty-hve, 
and the necessary expenses attending the same. But no 
part of the amount hereby appropriated shall be exj^ended, 
nor shall the capitol commissioners incur any expense on 
account of the said capitol, until a plan of the caj)itol shall 
be adopted and approved by them, and approved by the 
governor, not to cost more than four millions of dollars 
^vhen completed. 

2. The treasui*er is hereljy directed to pay, from time 
to time, upon the Avanvant of the comptrollei*, to the order 
of “The New Capitol Commissioners,” appointed pursuant 
to the provisions of said chapter six hundred and forty- 
eight of the laws of eighteen hundred and sixty-five, from 
the moneys above apjiropriated, such sum or sums as shall 
be necessary as the Avork progresses, and as may be i*e- 
quired liy the said commissioners in the jirosecution of the 
same; provided, however, that no sum shall l)e paid at 
any one time, exceeding twenty-five thousand dollars, and 
that no additional sum or sums shall be ad\mnced until all 
prior payments shall lie accounted for to the comptroller, 
in the manner pro Added by section five of the aforesaid act 
of eighteen hundred and sixty-five. 

§ 3. The buildings known as the Congress Hall build¬ 
ings, shall not be interfered Avith, removed or taken down 
until after the final adjournment of the constitutional 
convention, if said convention is held this year. 

§ 4. This act shall take eftect immediately. 


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Cliap. 830. 

Aii Act making ap 2 ^ro]:)riations for tlie 8 ii 2 )port of Govern¬ 
ment. Passed May 10, 1808; tliree-fiftlis l)eing present. 

The People of the State of Neio Yorl\ represented in Senate and 
Assembly^ do enact as follows : 

Section 1. The several amounts named in this act are 
hereby appropriated and autliorized to be paid from the 
several funds indicated, to the respective public officeivs, and 
for the several purposes specihed, for the fiscal year ])egin- 
ning on tlie first day of October, in tlie year eighteen linn- 
dre(l and sixty-eiglit, namely: 


For the new capitol, two hundred and fifty tliousand 
dollars. 

Hamilton Harris, Jolin Ab L. Pruyn, Obadiali B. Latham, 
James S. Thayer, Alonzo B. Cornell, William A. Hice, 
James Terwilliger, John T. Hudson, are liereby apjiointed 
commissioners for the purpose of erecting a ne^v ca])itol 
in place of the present lioard. They shall proceed to take 
additional land, comprising Hawk street and one-half of 
tlie block of land adjoining such street on the west thereof, 
lietween Washington avenue and State street, in the name 
of the state, and lay out a street running tlirough from 
Washington avenue to State street, of such widtli as they 
may deem proper, on the west end of the land so taken, 
which land is hereby appropriated for the purjioses of such 
new capitol and street, and declared to be taken for public 
use. The commissioners are hereby authorized to take 
possession of the said lands and tenements; and if they 
cannot agree with the owner or owners for the purchase 
thereof, they shall cause ajiplicatioii to be made to the 
su])reme court, for a ’writ of inquiry of damages, and such 
proceedings shall thereupon be had as is provided in the 
fourth article of title two of chapter nine of the third pai t 
of the Revised Statutes. The said commissioneivs shall 
review the plans ’wliich have been adopted for the new 


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Capitol, and may change and modify the same, or adopt 
others in their place, as they may deem advisable and 
]:)roper, provided, however, that they shall not proceed to 
the construction of the said new capitol, unless they shall 
l)e satisfied that the expense thereof shall not exceed, 
when completed, the sum of four millions of dollars. The 
buildings known as Congress Hall buildings, and the ])res- 
ent capitol and state library buildings, shall not be 
removed or disturbed until further directions by the legis¬ 
lature. 


Chap. ()45. 

An Act making appropriations for the support of the 
Government. Passed May (>, 1809; three-fifths being 
present. 

The People of the State of Aew Yorh^ represented in Senate and 
Assembly^ do enact asfolloios: 

Sectiox 1. The several amounts named in this act are 
hereby a]3propriated and authorized to be ]ni\d from the 
several funds indicated to the respective public officers and 
for the several purposes specified for the fiscal year begin¬ 
ning on the first day of October, in the year eighteen hun¬ 
dred and sixty-nine, namely: 


For the new Caj^itol, to pay for lands taken for the 
purposes of a new capitol, two hundred and seventy-five 
thousand dollars or so much thereof as may l)e necessary 
after applying the two hundred and fifty thousand dollars, 
the appropriation made by chai^ter eight hundred and 
thirty of the laws of eighteen liiindred and sixty-eight, foi* 



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tlie purposes of u new capitol, and the sum of two liundred 
and fifty tliousand dollars, aj^propriated by the said elm])ter, 
shall be applied to tlie payment for the said lands. 

•jj -ir cj -i? 

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Chap. 822 . 

An Act making appropriations for certain expenses of 
(xovernment and for supplying deficiencies in former 
approj)riations. Passed May 10, 1809; three-fifths being 
present. 

The People of the State of JVeio YoiT, represented hi Senate and 
Assembly, do enact asfolloics : 

•js- Cf 

-Jr 

The sum of one hundred and twenty-five thousand dol¬ 
lars is hereby appropriated for the erection of the new 
capitol and the further sum of one hundred and twenty- 
five thousand dollars, the unexpended balance of two 
hundred and fifty thousand dollars appropriated by cliaj)- 
ter four hundrecl and eighty-five of the laws of eighteen 
hundred and sixt 3 ^-seven, to^vards the erection of a new 
capitol, is hereby re-apj^ropilated for the same purpose. 

The new capitol commissioners are hereby authorized to 
make such compensation to their secretary for services as 
in their opinion shall be just. 

* vj 

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Chap. 492. 

An" A(t making ap])ropriatioiis for certain expenses of 
Government and for supplying deficiencies in former 
appropriations. Passed April 28,1870; three-fifths being 
present 

The People of the State of Sew York, represented in Senate and 
Asseniblij, do enact as foil oios : 


The sum of one million three hundred thousand dollars 
is lierel)y ap})ropriated towards the erection of the new 
ca])itol. So much of this appropriation as may be neces¬ 
sary shall 1)8 applied to the repayment of the sum of three 
hundred thousand dollars advanced to the commissioners 
the last year beyond the appropriation of that 'year, Avith 
interest. No money shall hereafter l)e paid, by the com¬ 
missioners for building the new capitol, unless the money 
shall have been actually appropriated sufficient therefor. 


Chap. 715. 

Ax Act making appropriations for certain expenses of 
Government, and for supplying deficiencies in former 
a]:)propriations. Passed April 2(), 1871 ; by a two-third 
vote. 

The People of the Slate of New York, represented in Senate and 
Assernbhj, do enact as follows : 


The sum of six hundred and fifty thousand dollars is 
lierel))' appropriated towards the erection of the ueiv capitol. 



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and Ilaniiltoii Harris, William C. Kingsley, AYilliani A. 
Kiee, Cliauneey M. I)epe\y, Delos DeWolf and Edwin A. 
Merritt are hereby appointed commissioners for the purpose 
of erecting the new capitol in the place of the present 
board. 

No percentage or compensation shall l)e paid to con¬ 
tractors or other persons upon the value or amount of any 
day labor performed on said building, or any labor which 
shall be done and l)e paid for by the day, week or month 
under the j^retence of superintending such lalior or otlun’- 
tvise, except final and entire compensation to necessary fore¬ 
men or superintendents tor their services by the day, week 
or month. And said commissioners shall not employ as 
superintendent or foremen upon such building, any person 
or pei’sons tvho, during the time of such employment are, 
or may be engaged or interested in the construction of any 
other building, or in carrying on any other tvork. And 
the mechanics and laborers of this state shall have the 
preference in doing the work on said building, provided it 
shall not increase the cost of said work, and the labor to 
be performed l)y day’s Avork and not by contract. 


Chap. 738. 

Ax Act making ajiprojiriations for certain exjienses of 
Government and tor supplying deficiencies in former 
appropriations. Pas.sed May 15,1872; by a two-third 
vote. 

The People of the State of JTeve Yorh^ represented in Senate and 
Assembly^ do enact as follows: 


The sum of one million dollars is hereliy a[)})i*opriated 
towards the erection otthe new capitol, whicli shall be jiaid 


l)y the treasiii*er upon tli(‘ ^varr^lnt of tlic coin])troller, to 
the order ot tlie iieAV ca])itol conuuissioiiers ns tliev shall 
require the same. AVheuever there is a deficieuey in the 
treasury ot moneys a])plical)le to the payment of this a])})ro- 
l)riation, the comptroller is hereby authorized and required 
to l)or]*o\v, from time to time, such sums as the said commis¬ 
sioners may require, and the money so borrowed, shall be 
refunded from the moneys received from the taxes levied to 
meet this appro])riation. 


(Hiap. 7(H). 

Ax A(t making appropriations for certain expenses of 
Government and supplying deficiencies in former aj)prc- 
])riations. Passed June 1873; by a two-third vote. 

Tlte Peojyle of the State of Neio Yorlx^ rejjvesentcd in Senate and 
Asscmhly^ do enact as folloics: 


The sum of one million dollars is here1)y appropriated 
toward the erection of the new capitol, wdiich shall be paid 
by the treasui'er u])on the warrant of the comptroller, to 
the order of the new capitol commissioners as they shall 
re(piire the same. Whenevei* there is a deficiency in the 
treasury of moneys a|)plical)le to the ])ayment of this a])pro 
])riation, the comptroller is hereby authorized and required 
to l)orrow, from time to time, such sums as the said commis¬ 
sioners may require, and the moneys so borrowed shall be 
1 ‘efunded from the moneys received from taxes levied to 
meet this appropriation. The new capitol commissioners 
are hereby authorized to remove that part of the dining 
room of Congress Hall, projecting west of the main build¬ 
ing to some other part of said hall, and to make ])rovision 


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to secure the new capitol l)uil(liiig against dainago froiii fire, 
(‘ither ])y means of a l)lank wall or hy iron sliutters upon 
the rear windows of Cono’ress Hall. 



Ax Act making ap])]‘ 0 ])riations for certain expenses ot 
(fovernment and sii})plying deficiencies in former aj)])ro- 
])riations. Passed May 5, 1874; by a two-third vote. 

The People of tlio State <f Xeio Yorlx\ represented in Senate and 
^issemhli/^ do enact asfolloxos : 


Th e sum of one million dollars is lierel)y appropriated 
toward the erection of the new ca])itol, which shall be 2 :)aid 
l)y the treasurer upon the warrant of the comptrollei*, to 
such ])ersons or commissioners as are authorized l)y law to 
receive and expend the same, and to l)e paid as the same 
sliall 1)6 recpiired, from time to time, for materials and labor 
used and employed in the l)uilding of the new capitol. 

Tlie new capitol commissioners shall, within thirty days 
from the passage of this act, nominate and l)y and with the 
consent and a[)proval of the governor, appoint a superin¬ 
tendent, who shall bo a ])erson of large experience, ami who 
shall h ave charge ot* 4he work of linishing the new capitol, 
the employment of the labor and the purchasing of all the 
materials therefor. The term of office of the present super¬ 
intendent. shall terminate n])on the appointment of his 
successoi*, and wdthin tliirty days from the passage of this act. 
The governor upon specific charges made and upon notice 
to any such commissioner or superintendent, may remove 
any such commissioner or said superintendent for cause, 
after liearing and an opportunity given to answer such 



cliari'^es by siieli coiiimissioner or i^u])ei‘iiiteiideiit, and may 
ill case of the removal of any such commissioner, apjioint a 
person in Ids place, who shall hold his office until the first 
day ot IMay thereafter, unless the vacancy shall be sooner 
filled l)v appointment by the governor, ])y and Avith the 
adv dee and consent of the senate. In case of the removal of 
the superintendent, the said new capitol commissioners 
shall, in the same manner and with the like consent and 
approval of the governor, appoint his successor. The salary 
of said superintendent shall be ten thousand dollars ])er 
year. The new capitol commissioners are hereby directed 
fortliAvitli, to erect lietAveen the neAV capitol Iniilding and 
Congress Hall, a blank brick wall of sufticient length, thick¬ 
ness and height to protect the new capitol from injury by 
fire, in case the Congress Hall building shall burn. 


State of New Yoek, } 

Office of the Secretary of State, \ * 

I have compared the preceding with tlie original laws on file in this office, and 
do hereby certify that the same are correct transcripts therefrom. 

DIEDRICH AVILLEKS, 

See ret ary of State. 






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